Section 327IAC15-4-3. Reporting requirements

   (a) Any change in the information submitted in the NOI letter shall be reported as soon as practicable to the commissioner. Changes which are reasonably expected to alter the characteristics of the discharge regulated under a general permit rule must be reported prior to the change. Following such notice, the commissioner may request the person to submit an application for an individual NPDES permit.

  (b) Monitoring results shall be reported at the intervals and in the form specified in the applicable general permit rule.

  (c) The following are requirements for twenty-four (24) hour reporting:

(1) Persons regulated by 327 IAC 15-5, 327 IAC 15-6, 327 IAC 15-7, 327 IAC 15-13, or 327 IAC 15-14 shall orally report information to the office of water quality at [phone] on the following types of noncompliance within one (1) business day from the time the person becomes aware of such noncompliance:

(A) Any unanticipated bypass which exceeds any effluent limitation in the applicable general permit rule.

(B) Violation of a maximum daily discharge limitation for any of the pollutants listed by the commissioner in the rule to be reported within one (1) business day.

(C) Any noncompliance which may pose a significant danger to human health or the environment.

(2) A written submission shall also be provided to the office of water quality within five (5) business days of the time the person becomes aware of the circumstances. The written submission shall contain the following:

(A) A description of the noncompliance and its cause.

(B) The period of noncompliance, including exact dates and times, and, if the noncompliance has not been corrected, the anticipated duration.

(C) Steps taken or planned to reduce and eliminate the noncompliance and prevent its recurrence.

The commissioner may waive the written report on a case-by-case basis if the oral report has been received within one (1) business day.

  (d) Persons regulated under 327 IAC 15-5, 327 IAC 15-6, 327 IAC 15-7, 327 IAC 15-13, or 327 IAC 15-14 shall report any instance of noncompliance not reported under subsection (c) at the time the pertinent discharge monitoring report is submitted. The report shall contain the information specified under subsection (c)(2).

  (e) When a person becomes aware that any relevant facts were omitted, or incorrect information was submitted in an NOI letter, or in any report required to be submitted under this article, the person shall promptly submit such facts or corrected information.

  (f) Persons regulated under 327 IAC 15-5, 327 IAC 15-6, 327 IAC 15-7, 327 IAC 15-13, or 327 IAC 15-14 shall notify the commissioner as soon as they know, or have reason to believe, the following:

(1) That any activity has occurred, or will occur, that would result in the discharge of any pollutant identified as toxic, under the CWA, which is not limited in the applicable general permit rule, if that discharge will exceed the highest of the following notification levels:

(A) One hundred (100) micrograms per liter.

(B) Two hundred (200) micrograms per liter for acrolein and acrylonitrile; five hundred (500) micrograms per liter for 2,4-dinitrophenol and 2-methyl-4,6-dinitrophenol; and one (1) milligram per liter for antimony.

(C) A level established elsewhere in an applicable rule by the commissioner.

(2) That any toxic pollutant not reported in the NOI letter is or will be used or manufactured as an intermediate or final product or byproduct.

  (g) Signatory requirements for reports required by this article and other information requested by the commissioner shall be signed by a person or by a duly authorized representative of that person according to the following:

(1) For a corporation, by a responsible corporate officer. As used in this section, "responsible corporate officer" means:

(A) a president, secretary, treasurer, any vice president of the corporation in charge of a principal business function, or any other person who performs similar policy making or decision making functions for the corporation; or

(B) the manager of one (1) or more manufacturing, production, or operating facilities provided the manager:

(i) is authorized to make management decisions that govern the operation of the regulated facility including having the explicit or implicit duty to:

(AA) make major capital investment recommendations; and

(BB) initiate and direct other comprehensive measures to assure long-term environmental compliance with environmental laws and regulations; and

(ii) can ensure that the necessary systems are established or actions taken to gather complete and accurate information for permit application requirements;

and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(2) For a partnership or sole proprietorship, by a general partner or the proprietor, respectively.

(3) For a municipality, state, federal, or other public agency or political subdivision thereof, by either a principal executive officer or ranking elected official. For purposes of this section, a principal executive officer of a federal agency includes:

(A) the chief executive officer of the agency; or

(B) a senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (for example, Regional Administrators of EPA).

(4) Permit applicants who meet the criteria set forth in this subsection may also utilize agency-approved electronic application mechanisms in lieu of paper NPDES applications.

  (h) A person is a duly authorized representative only if:

(1) the authorization is made in writing by a person described under subsection (g);

(2) the authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility (a duly authorized representative may thus be either a named individual or any individual occupying a named position); and

(3) the written authorization is submitted to the commissioner.

If an authorization under this subsection is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of this subsection must be submitted to the commissioner prior to or together with any reports, information, or applications to be signed by an authorized representative.

  (i) Any person signing a document under this section shall make the following certification:

"I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.".

  (j) Except for data determined to be confidential under confidentiality rules at 327 IAC 12.1, all reports prepared in accordance with the terms of the applicable general permit rule shall be available for public inspection at the offices of the Indiana department of environmental management and the U.S. Environmental Protection Agency Regional Administrator. As required by the CWA, information contained in the NOI letter and effluent data shall not be considered confidential.

  (k) The following are subject to the criminal penalties and provisions of IC 13-30, including criminal fines and imprisonment under IC 13-30-10:

(1) Any person who knowingly makes any false statement, representation, or certification in any record or other document submitted or required to be maintained under the applicable general permit rule, including monitoring reports or reports of compliance or noncompliance.

(2) Any person who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required to be maintained under this article.

(Water Pollution Control Division; 327 IAC 15-4-3; filed Aug 31, 1992, 5:00 p.m.: 16 IR 21; errata filed Apr 10, 2006, 2:46 p.m.: 29 IR 2547; filed Oct 9, 2015, 4:07 p.m.: 20151104-IR-327100659FRA; errata filed Dec 30, 2015, 12:37 p.m.: 20160113-IR-327150453ACA)